Landlord Wins Eviction Case Against Non-Paying Tenants in North Bay: Northern Lakes & Trails v Mitchell and Amos 2021
North Bay landlord awarded $22686 in rent arrears, tenants evicted for non-payment
Summarized by RentZenLast updated: July 26, 2024
Case Summary
107 Norwood Avenue, North Bay, ON P1B5C9
Decision in favor of
landlord
Balance Owed to Landlord
$21,319
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date
Oct 2020
Hearing Date
Jul 2021
Order Date
Jul 29, 2021
Tenancy End Date
Aug 2021
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict Tenants due to failure to pay rent. The application was filed after serving a valid Notice to End Tenancy Early for Non-payment of Rent (N4 Notice), which the tenants did not void by paying the arrears.
Determinations
- Tenants have not paid total rent owed from February 1, 2020 to July 31, 2021
- Landlord served valid N4 Notice
- Tenants in possession on application date
- Lawful monthly rent is $1,250
- Landlord holds $1,250 rent deposit
- Tenants do not dispute rent arrears
- Tenants owe $22,686 to Landlord
Case Study
The tenants were in possession of the rental unit when the application was filed. The lawful monthly rent was $1,250. The landlord collected a rent deposit of $1,250 from the tenants, which was still being held. The tenants did not dispute the rent arrears. The tenants owed the landlord $22,686, which included rent owing up to July 31, 2021 and the cost of filing the application, less the rent deposit and interest owed on the deposit.
Arguments and Actions
Tenant
Actions
Tenants did not pay full rent owed from February 1, 2020 to July 31, 2021.
Decision Summary
The tenancy was terminated effective August 2, 2021. The tenants were ordered to pay the landlord $21,133.19, which included rent arrears up to July 29, 2021 and the cost of filing the application, less the rent deposit and interest owed on the deposit. The tenants were also ordered to pay $41.10 per day for compensation for use of the unit from July 30, 2021 until they vacate. If the full amount is not paid by August 2, 2021, the tenants will owe interest at 2% annually on the outstanding balance.
Adjudicator Details
LTB Member
Total Orders
333
Landlord Favorable
88.6%
Tenant Favorable
0.3%
Mutual Agreement
11.1%
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Financial Details
Lawful Rent
$1,250
Rent Arrears
$22,500
Application Fee
$186
Rent Deposit
$1,250
Deposit Interest
$29
Total Owing
$21,319 (Owed to Landlord)
Source
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